New Clients > Terms and Conditions
Terms and Conditions
Our preferred method of payment is automatic monthly billing charged to your credit card. Alternatively, BrightWork, Inc can bill you monthly or quarterly in advance of the service. Notwithstanding anything to the contrary in this agreement, BrightWork, Inc reserves the right, in its sole discretion, on thirty days notice to alter, change or amend its billing practices including, but not limited to the date on which such billing will occur, the types of charges that will be included and the monthly charge; provided however, the monthly charge shall not be changed for the first twelve months of service.
Any payment not received within fifteen (15) days of the due date will be charged a late fee of $25.00. Accounts thirty (30) days past due will accrue interest at a rate of one and one-half percent (1-1/2%) per month, or the highest rate allowed by applicable law, whichever is lower. In the case of continued non payment, BrightWork, Inc may disable the website after 48 hours notice.
BrightWork, Inc declines to host sites with the following types of content: "Warez" sites, including but not limited to any copyrighted software or music files. Sites which provide methods for circumventing copy protection ("cracks", keycodes, serial numbers, decoder chips, etc.) are also not permitted. Racist or hate-related material and pornographic images or content will be declined. Any other content which is not legal under applicable laws of the United States. BrightWork, Inc reserves the right, but does not assume the duty, to assess and classify such content.
Email services and spam
BrightWork’s hosting service may not be used for unsolicited bulk emailings or for excessively cross posting newsgroup articles. What is considered spam will be determined in the sole discretion of BrightWork, Inc. Any sites in violation of these rules will have service discontinued without a refund.
Intellectual Property Ownership
This agreement does not transfer from BrightWork, Inc. to Customer any BrightWork, Inc. technology or intellectual property, and all right, title and interest in and to BrightWork, Inc. technology and intellectual property shall remain the sole property of BrightWork, Inc. This agreement does not transfer from Customer to BrightWork, Inc. any Customer technology, intellectual property or web content, and all right, title and interest in and to Customer's technology and intellectual property shall remain solely property of Customer. BrightWork, Inc. and Customer each agree that it will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other technology or trade secrets from the other party and/or its third party vendors.
Termination of service
Either BrightWork, Inc or Customer may terminate this agreement at any time on ten days notice.
BrightWork, Inc. does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the services or any information that may be obtained there from is at customer’s own risk. The services are provided on an "as is" basis, and customer’s use of the services is at its own risk. Except as provided in the order form(s), BrightWork, Inc. does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. BrightWork, Inc. does not warrant that the services will be uninterrupted, error free, or completely secure.
Disclaimer of Actions Caused by and/or Under the Control of Third Parties
BrightWork, Inc. does not and cannot control the flow of information to or from other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. Actions or inactions of such third parties can impair or disrupt customer’s connections to the internet (or portions thereof). BrightWork, Inc cannot guarantee that such events will not occur and disclaims any and all liability resulting from or related to such events.
Delays and Interruptions
BrightWork, Inc. shall not be liable for any loss of data resulting from delays, corruption of data, non deliveries, misdeliveries or service interruptions. Customer shall be solely responsible for the selection, use and suitability of the services, and BrightWork, Inc. shall have no liability therefor. Except to the extent of BrightWork, Inc’s gross negligence or willful misconduct, neither BrightWork, Inc. nor its network services supplier will be liable for unauthorized access to BrightWork, Inc.’s premise equipment or for unauthorized access to or alteration, theft or destruction of customer’s data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of BrightWork, Inc.’s or its network service supplier’s negligence.
Except for the parties’ indemnity obligations below, in no event will either party be liable or responsible to the other for any type of incidental, punitive, indirect or consequential damages, including, but not limited to, lost revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), product liability, strict liability or otherwise.
Each party agrees to indemnify and hold the other harmless against any losses, costs, expenses (including, but not limited to, reasonable attorneys’ fees), claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "losses") resulting from any claim, suit, action, or proceeding brought by any third party against the other or its affiliates related to or arising out of (i) any infringement or misappropriation or alleged infringement or misappropriation of any United States copyright, trade secret, patent, trademark, or other proprietary right related to any hardware or software utilized in connection with any of the Services (but excluding any infringement contributorily caused by the other party) and (ii) any violation of or failure to comply with the Rules or Regulations. Customer further agrees to indemnify BrightWork, Inc and its affiliates against any losses which arise out of, or relate to any content provided by Customer or the customers/clients of Customer, and Customer will reimburse BrightWork, Inc. and its affiliates for all legal expenses, including reasonable attorneys’ fees, incurred by BrightWork, Inc. and its affiliates in connection with any such Losses.
This agreement and all issues related thereto will be governed by the laws of the Commonwealth of Massachusetts, other than its choice of law rules. Any dispute concerning the performance or breach of this agreement shall be determined by final and binding arbitration before a single arbitrator, pursuant to the commercial arbitration rules of the American Arbitration Association. Any award may be enforced by a court of competent jurisdiction.